Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Government of India
MINISTRY OF COMMUNICATIONS AND INFORMATION TECHNOLOGY
(Department of Information Technology)
NOTIFICATION
G.S.R. ……. (E).― In exercise of the powers conferred by clause (zg) of sub-
section (2) of section 87, read with sub-section (2) of section 79 of the Information
Technology Act, 2000 (21 of 2000), the Central Government hereby makes the
following rules, namely: ―
1. Short title and commencement.― (1) These rules may be called the Information
Technology (Due diligence observed by intermediaries guidelines) Rules, 2011.
(2) They shall come into force on the date of their publication in the Official
Gazette.
Page 1 of 4
Draft Rules - Due diligence observed by intermediaries guidelines
(h) “Indian Computer Emergency Response Team” means the Indian Computer
Emergency Response Team appointed under sub section (1) of section
70(B) of the Act;
(i) “Information” means information as defined in clause (v) of sub-section (1) of
section 2 of the Act;
(j) “Intermediary” means an intermediary as defined in clause (w) of sub-section
(1) of section 2 of the Act;
(k) “User” means any person including blogger who uses any computer
resource for the purpose of sharing information, views or otherwise and
includes other persons jointly participating in using the computer resource of
intermediary.
(2) The intermediary shall notify users of computer resource not to use,
display, upload, modify, publish, transmit, update, share or store any
information that : —
(a) belongs to another person;
(b) is harmful, threatening, abusive, harassing, blasphemous,
objectionable, defamatory, vulgar, obscene, pornographic,
paedophilic, libellous, invasive of another's privacy, hateful, or
racially, ethnically or otherwise objectionable, disparaging, relating or
encouraging money laundering or gambling, or otherwise unlawful in
any manner whatever;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights;
(e) violates any law for the time being in force;
(f) discloses sensitive personal information of other person or to which the
user does not have any right to;
(g) causes annoyance or inconvenience or deceives or misleads the
addressee about the origin of such messages or communicates any
information which is grossly offensive or menacing in nature;
(h) impersonate another person;
(i) contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer resource;
Page 2 of 4
Draft Rules - Due diligence observed by intermediaries guidelines
Page 3 of 4
Draft Rules - Due diligence observed by intermediaries guidelines
(12) The intermediary shall report cyber security incidents and also share cyber
security incidents related information with the Indian Computer Emergency
Response Team.
(13) The intermediary shall not deploy or install or modify the technological
measures or become party to any such act which may change or has the
potential to change the normal course of operation of the computer resource
than what it is supposed to perform thereby circumventing any law for the time
being in force.
Provided that the intermediary may develop, produce, distribute or
employ technological means for the sole purpose of performing the acts of
securing the computer resource.
(14) The intermediary shall publish on its website the designated agent to
receive notification of claimed infringements.
Page 4 of 4